1. AsbestosLegal requirements in Jersey Colin Myers Director of Health and Safety

2. Aims • Legislation • Approved Code of Practice • The Reality • Issues

3. Legislation • Health and Safety at Work (Jersey) Law 1989 • general duties on employers, employees, the self-employed and persons in control of premises • Health and Safety at Work (Asbestos Licensing) (Jersey) Regulations 2008 • restricts the majority of work with asbestos insulation and coatings to persons who hold a licence to undertake such work

4. Health and Safety at Work (Jersey) Law, 1989 • Article 3 • Duty on employers to their employees • Article 5 • Duty on employers and the self employed • Article 6 • Duty on persons in control of non-domestic premises

5. Health and Safety at Work (Asbestos Licensing) (Jersey) Regulations 2008 • Regulation 2 Restriction on work with most ACM’s to licensed contractors -Minister -UK or Northern Ireland

6. Status of Approved Code of Practice (ACoP) • Introduced under Article 10 of the Health and Safety at Work (Jersey) Law 1989 • Provides practical guidance on how to meet the legal requirements set out in health and safety legislation • Special legal status as can be used as evidence if shown that the guidance was not followed. Must be able to demonstrate compliance in some other way

7. Management of Exposure to Asbestos in Workplace Buildings and Structures Approved Code of Practice Sets out the procedures to be followed in order to reduce the risks from asbestos to an acceptable level • Background • The asbestos management plan • Work on ACMs subject to the Asbestos (Licensing) (Jersey) Regulations 1997 4. Work on ACMs not subject to the Asbestos (Licensing) (Jersey) Regulations 1997

8. Asbestos Management Plan Sets out the arrangements for identifying and managing the risks associated with asbestos containing materials present in workplace buildings or structures

9. Asbestos Management Plan • Prepared in full consultation with all parties • Contents must be communicated to all parties • All information should be recorded in an Asbestos Register and communicated to relevant parties • Available to the Emergency Services

10. Identification Assessment of the risk Identification of measures required to control the risks Monitoring and review of the effectiveness of the plan Product type and location Condition of material/likelihood of disturbance No action, repair, encapsulate, remove Review at least once every six months to ensure it is meeting its objective Action Required

11. Proposed changes • Revision of Asbestos ACoP • Control limits • Definitions • Exemptions • Coatings, i.e. artex • Employer carrying out work on own premises

12. The Reality

13. The Reality cont…..

14. The Reality cont…..

15. The Reality cont….

16. The Reality cont…. • 8 Royal Court Prosecutions since 1999 • Most recent fine £10,000 for a single offence - total fine imposed £15,000 and £2,500 costs • 2006 The Grand Hotel • HSW Art 5, £12000, Costs £3000 • 13 Formal enforcement Notices served • 10 immediate Prohibition Notices • 3 improvement Notices

17. Issues • Concerns over lack of awareness and understanding of commercial property owners • Courts view lack of understanding as no excuse • Still a lot of asbestos out there….